RAC HOME REPAIR & MAINTENANCE SERVICE TERMS

Transcription

1 RAC HOME REPAIR & MAINTENANCE SERVICE TERMS 1. Formation of agreement 2. The HRM Service If you request the RAC or the Supplier to supply the services described in section 2 (HRM Service), or you accept performance of the HRM Service, you accept these Terms an agreement is formed between you the Supplier. RAC is not a party to this agreement you agree to release RAC from any liability under these Terms in respect of the HRM Service. 2.1 What is the HRM Service? The HRM Service provides you with access to home repair maintenance services. On-site assistance at your personal residential, domestic or residential investment property is provided by HRM Service Providers who offer a combination of services including: Stard Services such as painting, fencing, hyman, plastering, carpentry, brick paving, brick laying roof plumbing services; (iii) Specialist Services such as plumbing gas, electrical, glazing, locksmith, antenna HVAC (heating, ventilation air conditioning) services; Services, which are provided in response to a as defined in section 2.2 below. Services are generally limited to temporary make-safe measures that are designed to make your property safe secure, minimise the possibility of further damage to your property, until subsequent repairs or replacements are carried out (if required). The Supplier engages its employees, agents /or subcontractors to provide the HRM Service to you on its behalf (HRM Service Providers) under stards approved by RAC. RAC receives a commission from the Supplier based upon a percentage of the fees you pay for the HRM Service. The HRM Service is not: a home insurance product or replacement for such a product; or an emergency rescue or disaster response service. Where a poses a risk to the personal safety property of you /or others, you should contact appropriate emergency or rescue services such as the State Service or the 000 Service or appropriate utility or essential services providers, prior to contacting the Supplier for assistance. 2.2 Emergencies The table below sets out which events qualify as Emergencies, which services will be provided as Services, for the purposes of the HRM Service. Unless excluded under section 2.8, any subsequent repair or replacement works required will be quoted separately by the Supplier as either a Stard Service or Specialist Service. These are identified in the table below as Subsequent Services. A damaged roof, gutter or downpipe Water leaking internally through the ceiling or response to Service: Prop ceiling place tarp over the causing an internal leak A blocked toilet, pipe or drain A burst tap or showerhead A burst pipe A broken or burst hot water system walls. A blocked toilet, pipe or drain prevents smooth water flow, causing overflow or back-up into the nearest outlet. Inability to control water flow as a result of a burst tap or showerhead, causing significant water wastage, home or property damage (does not include replacement of washers). Physical breakage of a pipe or joint, resulting in a burst pipe causing significant water wastage, home or property damage. Broken or damaged system as a result of a burst unit, gas or electrical problem, faulty components, or even just the inability to reignite the pilot light. response to affected area. Diagnose issues permanently repair damaged roof, gutter or downpipe. Service: Unblock pipes. Carry out any excavation or pipe investigation needed to diagnose the issue permanently repair the blocked toilet, pipe or drain, which may require specialised machinery. Service: Isolate mains water to the property to stop flow repair the tap or showerhead if possible. Customers will be asked to contact their insurer for any insurancerelated repairs. Service: Isolate mains water to the property to stop flow repair the pipe if possible. Customers will be asked to contact their insurer for any insurancerelated repairs. Service: Isolate gas electrics to the unit to make safe or reignite the pilot light. If unit is within the manufacturer warranty period, the repair may have to be referred to the manufacturer to avoid voiding the warranty. Carry out permanent repairs to, or replace, unit.

2 A broken heating or cooling system A blackout or power failure in the house A broken door or window Broken or damaged system as the result of gas or electrical problems, faulty components, or inability to reignite the pilot light. Supply of power to all or part of the house has been disrupted (excludes area wide blackouts). Where home safety or security is threatened as a result of damage to an external door or window such as broken glass, damaged locks, jammed doors or windows A gas leak Internal or external gas leaks as the result of damaged gas appliances or leaking gas pipelines. response to Service: Isolate electrics to the unit if needed diagnose issue. If unit is within the manufacturer warranty period, the repair may have to be referred to the manufacturer to avoid voiding the warranty. Carry out permanent repairs to, or replace, unit. Service: Carry out make safe electrics. Diagnose the issue carry out permanent repairs or replacements. Service: Carry out make safe procedures to the window or door. Depending on complexity, this may be a temporary repair until materials are available. Diagnose the issue permanently repair or replace the broken door or window. There may be limited availability of glass replacement in which case additional material fees will apply. Service: Isolate gas lines carry out make safe procedures. Main gas lines may need to be referred to the relevant utility provider to isolate diagnose problem. The Supplier will carry out permanent repairs to, or replace, the unit (if 2.3 Access to property adjoining fence claims response to required). You agree to provide the Supplier the HRM Service Provider clear safe access to your property at the agreed date time to: 2.4 Service availability deliver any Goods perform the HRM Service; inspect any Goods or HRM Services supplied after receiving a complaint from you; (iii) repair, replace or resupply any defective Goods or services supplied to you (as the case may be). If you request the Supplier to provide fencing services for a fence that is on the common boundary of adjoining l, the Supplier will solely liaise with, submit an invoice to, you. It is your responsibility to recover any costs you are entitled to from any third party. Subject to these Terms, the HRM Service is available within suburbs postcodes as determined by the Supplier from time to time, having regard to metropolitan areas which are located within 50 kilometres of the Perth Central Business District from Yanchep to Port Kennedy. The HRM Service is available during Business Days only. 2.5 Service response times The Supplier will use its best endeavours to arrive within one hour of receiving a request for Services but a response time is not guaranteed will vary depending on the location of your property, dem for the HRM Service severe weather conditions amongst other things. The Supplier will endeavour to provide assistance as quickly as is reasonably practicable, otherwise within the agreed timeframe. 2.6 Service interruptions 2.7 Service limitations The Supplier may be delayed in or prevented from providing the HRM Service due to circumstances beyond its reasonable control, including Major Disasters, adverse weather conditions, failures in telecommunications. In such circumstances, the Supplier will have no obligation to provide the HRM Service, but will use reasonable endeavours to minimise the impact of such circumstances. Where the Supplier reasonably determines that: materials, components or equipment required to resolve the problem are not readily available; it is difficult to locate, determine or assess the source of a problem; the situation presents occupational health safety risks to the HRM Service Provider; destruction or demolition of property (including walls, floors ceilings) is required; blocked or damaged pipes are the result of extensive root damage; there a real risk or danger to the life, health, safety or property of any person or of causing significant damage to the environment; or

3 in relation to any Good required to provide the HRM Service, a product warranty is supplied by the manufacturer of the Good (Manufacturer s Warranty) which requires an authorised service agent as determined by the manufacturer to complete warranty repairs (Authorised Service Agent). the Supplier may only be able to provide limited assistance, or may be unable to provide the HRM Service at all. 2.8 Service exclusions The HRM Service is not available for: non-residential properties, such as properties used for commercial, retail, office, industrial or professional purposes; portable, temporary or non-fixed dwellings; properties used for commercial farming or agricultural purposes; buildings or structures such as caravans, trailers, campervans, recreational or other vehicles; (h) (j) product warranty repairs where a Manufacturer s Warranty is provided which requires an Authorised Service Agent to complete warranty repairs; breakdown, loss or damage to portable appliances, saniflow toilets other mechanical equipment; failure of alarms, home security systems CCTV; damaged swimming pools including parts, components, pumps, motors plumbing or filtration systems; damaged solar power systems or components; damaged garden appliances, sprinkler or watering systems; or in response to: (k) (l) (m) Area Wide Disruption to Essential Services; disruption to essential services as the result of disconnection by the relevant authority; or Major Disasters. 2.9 Service Cancellation 3. Price Payment 3.1 Price You may cancel a request for the provision of HRM Services (HRM Service Request) no later than 24 hours before the agreed date time for the Supplier to attend your property. If you cancel a HRM Service Request after the time referred to in sub-section, you will be charged must pay the Minimum Attendance Charge referred to in section 3.1. The price payable for the delivery of the HRM Service any Goods provided to you is: as indicated on an invoice provided to you by the Supplier for performance of the HRM Service (Service Invoice); or the Supplier s formally quoted price. Hourly rates are charged for provision of the HRM Service. Discounted rates apply if you are a member of The Royal Automobile Club of W.A. (Inc). To find out the current hourly rates, please visit rac.com.au/homerepair or call us on You will be required to pay a minimum attendance charge equivalent to inclusive of one hour of labour (Minimum Attendance Charge) if the Supplier attends your property at the agreed date time to perform the HRM Service ( regardless of whether any work is performed by the Supplier) unless you cancel the HRM Service Request within the time specified in section 2.9. The Minimum Attendance Charge will not be waived if: (h) you decide not to proceed with the HRM Service at the time that the Supplier attends your property; or you fail to comply with section 2.3. An After Hours Call Out Fee will be charged to you for any HRM Service provided outside of Business Hours this fee is payable regardless of whether any work is performed by the Supplier unless the circumstances in section 3.1 apply. The After Hours Call Out Fee will not be waived if any of the circumstances in section 3.1 apply. The Supplier will advise you of the amount payable prior to performing the HRM Service. If, during the performance of the HRM Service, the Supplier discovers that additional services are required (Additional Services): 3.2 Payment 4. Defects the Supplier will notify you of the Additional Services; if requested by you, the Supplier may, in its discretion, elect to perform all or part of the Additional Services, having regard to the nature scope of the Additional Services involved the service exclusions in section 2.8. The Supplier is excluded from any liability to you in connection with any loss or damage you suffer if you decide not to proceed with all of the Additional Services required, if applicable. All amounts payable by you to the Supplier are inclusive of GST, unless expressly stated otherwise. Payment is due on completion of repairs or otherwise where the Minimum Attendance Charge or After Hours Call Out Fee is payable, no later than 24 hours after the Service Invoice is issued from the Supplier. Payment may be made by bank cheque, electronic funds transfer, credit card, BPAY or any other method of payment specified in the Service Invoice. You may, within the period of 12 months from the date the Goods are delivered or HRM Services are performed (Warranty Period), notify the Supplier of any Goods or services that you reasonably consider to be defective, as supplied by the Supplier, in any material respect, by giving written notice to the Supplier to that effect (Defect Notice). You must afford the Supplier an opportunity to inspect all alleged defective Goods or services as soon as practicable following the issue of a Defect Notice. Subject to sections 4 4, if the Goods or services are defective in any material respect, the Supplier s liability is limited to: for Goods either replacing the Goods or repairing the Goods; for services re-performing or otherwise remedying the services. The Supplier s obligation to take the actions in section 4 are conditional upon the following: for Goods not manufactured by the Supplier: A. the only warranty is the current Manufacturer s Warranty (if any); B. the Supplier will not be liable to repair or replace a Good if the Manufacturer s Warranty requires an Authorised Service Agent to complete warranty repairs; C. if sub-section B applies, the Supplier s obligation will be limited to referring your warranty claim to the Authorised Service Agent;

4 5. Risk title the Supplier does not have any liability to the extent that any damage or defect is caused, directly or indirectly, by any act or omission on your part; (iii) defects or damage which are caused or relate to any of the following are excluded: A. your failure to properly maintain any Goods; B. your failure to follow any instructions or guidelines provided by the Supplier /or the manufacturer; C. any use of the Goods otherwise than for any application specified in any instructions or guidelines provided by the Supplier /or the manufacturer or for their ordinary use. D. the continued use of any Goods after any defect becomes apparent or would have become apparent to a reasonably prudent operator or user; or E. fair wear tear or any accident; (iv) the Supplier will not be liable if the workmanship in relation to Goods or services is repaired, altered or overhauled without the Supplier s consent. All risk for the Goods passes to you on delivery of those Goods. This applies to the extent that it is not inconsistent with any other arrangement agreed between you the Supplier in writing. Title in the Goods will not pass until you have paid all amounts owing for the particular Goods. 6. Warranties In addition to your rights under the Australian Consumer Law, the Supplier warrants that: 7. Privacy each item of Goods supplied: A. is fit for purpose; B. is free from defects in materials workmanship; C. is suitable for normal use as reasonably contemplated by you; D. performs will continue to perform at the level consistent with the published specifications any other written or verbal representations made by the Supplier or manufacturer; it shall at all times: A. use appropriate Goods Materials of highest quality; B. employ appropriate techniques stards; C. provide all HRM Services with due care, skill attention. To the maximum extent permitted by law, any term, condition, guarantee or warranty which would otherwise be implied into these Terms is excluded. The Supplier may collect your personal information (as defined in the Privacy Act 1988 (Cth)) to provide you with the HRM Service. The Supplier may have to disclose your personal information to: third parties who assist with the provision of the HRM Service; RAC, which may be involved in the resolution of complaints in respect of the HRM Service will use your personal information: A. if you are not an RAC member, only for the purposes of dealing with your complaint; B. if you are an RAC member, in accordance with RAC s privacy policy, which is available at rac.com.au. If you don t provide the information requested, the Supplier may not be able to provide the HRM Service. You may request to access the information collected by contacting the Supplier on To read the relevant privacy policy please visit constructservices.com.au. 8. General 9. Interpretation The laws of Western Australia govern these Terms. A term or part of a term in these Terms that is void, illegal or unenforceable may be severed from the terms the remaining terms continue in force. The Supplier may subcontract some or all of the HRM Service. The Supplier reserves the right to amend these Terms any changes will take effect from the date of notification. Any notice requires to be served on a party may be served personally, sent by or letter addressed to that party at the party s address specified in the Service Invoice. If you have a complaint in respect of any Goods or services provided, please contact the Supplier on The Supplier should be given an opportunity to inspect the Goods or HRM Service may need to do so to deal with your complaint. In these Terms: Additional Services has the meaning given in section 3.1. Area Wide Disruption to Essential Services means where essential services in an area are disrupted or affected due to an event or incident, including where there is a power blackout affecting a street or suburb caused by electricity lines or the local electricity grid being down due to a major storm. Authorised Service Agent has the meaning given in section 2.7. Business Day means a day that is not a Saturday, Sunday or a public holiday in Perth, Western Australia. Business Hours means the period of time between 7:00am 6.00pm Australian Western Stard Time in Perth, Western Australia on a Business Day. Defect Notice has the meaning given in section 4. has the meaning given in section 2.2. (h) Services has the meaning given in sections 2.1(iii) 2.2. HRM Service means the services described in section 2. (j) (k) (l) HRM Service Provider has the meaning given in section 2.1. HRM Service Request has the meaning given in section 2.9. Goods means any materials, parts, appliances or equipment purchased from the Supplier by the Customer as part of the provision of the Services. (m) GST means a tax imposed under the A New Tax System (Goods Services Tax) Act 1999 (Cth).

5 (n) Major Disasters include earthquakes, tornadoes, hurricanes or cyclones, explosions, fire, flood, political or industrial disturbances, riots or civil commotion, tsunami, tidal wave, storm surge, lslide, acts of terrorism or war use, existence or escape of any nuclear or radioactive material, any biological chemical, nuclear pollution or contamination, or any other event that either or both of RAC the Insurance Council of Australia declare as a major disaster or catastrophic event. (o) Manufacturer s Warranty has the meaning given in section 2.7. (p) Materials means any products purchased by the Supplier as part of the installation /or repair of the Goods. (q) Minimum Attendance Charge has the meaning given in section 3.1. (r) (s) (t) RAC means The Royal Automobile Club of W.A. (Inc), RACWA Holdings Pty Ltd (ACN ) its subsidiaries includes their officers, employees agents. Service Invoice has the meaning given in section 3.1. Specialist Services include the services described in section 2.1 which are provided as part of the HRM Service. (u) Stard Services include the services described in section 2.1 which are provided as part of the HRM Service. (v) Subsequent Service has the meaning given in section 2.2. (w) Supplier means Inserve Australia Limited (ACN ) trading as Construct Services including its officers, employees agents. (x) (y) Warranty Period has the meaning given in section 4. Terms means these terms conditions.